ceqa categorical exemptions 15304

The California Environmental Quality Act (CEQA) map below displays Exemptions (Categorical, Statutory and Community Plan Exemptions), Mitigated Negative Declarations and Environmental Impact Reports related to applications filed with the San Francisco Planning Department.Amendments to Chapter 31 of the San Francisco Administrative Code that became effective as of September 25, 2013 require the . State type and section number: 15303 New Constr. G Section: 15301, 15303, 15304. Categorically Exempt. Projects that have no physical effects, or that involve only ministerial government action, are excluded; such projects are shown on a separate list. Certain work for protection of health and safety is excluded from CEQA as emergency projects. Blasting used in excavation and grading is not exempt. 3. (4) Timing of release. Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: (Creation of bicycle lanes is covered under Class 4(h) below.) (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or (l) Demolition and removal of individual small structures listed in this subsection; Second, all classes of exemption are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant -- for example, annual additions to an existing building under Class 1. CEQA Title 19 - Categorical Exemptions Page 2 of 17 (e) Hazardous Waste Sites. The worksheets included herein provide a framework for a lead agency to conduct a preliminary review in order to: 1. ther, staff has determined that there is no substantial evidence indicating that any of the exceptions to the categorical exemptions apply to the proposed project pursuant to CEQA Guidelines Section 15300.2 - Exceptions. CLASS 22: EDUCATIONAL OR TRAINING PROGRAMS INVOLVING NO PHYSICAL CHANGES. Class 25 includes open space acquisition in some special circumstances. Such maintenance pertains primarily to existing landscaping, but when combined with Classes 2 and 4(b), this item includes replacement with similar landscaping. 6. If a project is not statutorily exempt and a categorical exemption does not apply, it may qualify for the common sense exemption (CEQA Guidelines 15061(b)(3)). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Such activities are primarily non-physical in the City and County of San Francisco, although they may lead to physical activities such as rehabilitation, which may be covered under Classes 1 or 2. This item also covers accessory structures for new nonresidential structures included in this Class. Water mains are also an exception where the size increase is necessary to bring old mains up to the current minimum standard to serve existing development, or to provide adequate capacity for fire protection for such development. Changes of use are included because to provide otherwise would place greater restriction upon existing buildings than upon new buildings (see also Class 1(a) regarding changes of use). (2) Temperature, In a partially published opinion in Save Lafayette v.City of Lafayette (2022) 85 Cal.App.5th 842, the First District Court of Appeal upheld approval of an affordable housing project in the face of the third in a series of lawsuits filed by a citizens group against it.The Court held that the applicant could resume processing of its application after several years pursuing an alternative . CEQA's categorical exemptions are set forth in sections 15301 to 15333 of the Guidelines. Water supply reservoirs under this item supplement the water systems under Class 1(b) above. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines (14 CCR Section 15300-15331). 15304, 15306, 15311, 15312, 15314, 15322, 15323, & 15332) YES: No further CEQA analysis is required. Most sales of surplus property other than land are non-physical actions, but such sales may also include sale of buildings for removal from the site and sale of transportation equipment. Designation of landmarks and historic districts, and other such preservation efforts. A categorical exemption from CEQA rests on a finding by the Resources Agency that a class or category of projects does not have a significant adverse environmental effect; a lead agency's finding that a proposed project falls within one of the exempt classes thus includes an implied finding that the project has no significant environmental . Minor extension of roadways within the Port of San Francisco container terminals. It is permissible to restore or rehabilitate a structure to prevent seismic damage under this item, except in the case of a historical resource. Replacement of existing drainage facilities. For example, the rental of a stadium or auditorium to various organizations for separate performances is part of the operation of that facility.Examples include but are not limited to: 5. Street closings and equipment for special events. Class 18 consists of the designation of wilderness areas under the California Wilderness System. Notations of authority cited within the CEQA guidelines. (a) On-premise signs. Sections 15300 to 15333 . (1) Rate and volume of flow, (Guidelines . (Then see Class 31.) 15300.1. A statutory exemption, not to be confused with a categorical exemption (more on that below), is any provision in state law that takes a project either totally out of the CEQA process or exempts it from certain requirements of that process. "Economic poisons," as defined by State law, are substances used for defoliating plants, regulating plant growth, and controlling weeds, insects, fungi, bacteria, animals, and other pests. (f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. This Class is applicable to property owned by the City and County of San Francisco outside its borders. (d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. (f) Minor trenching and backfilling where the surface is restored. (b) Changes in the grade structure in a school which do not result in changes in student transportation. Categorical Exemption. Class 21 consists of: 2. 10. (d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. Notice of Exemption. {CEQA) under CEQA Guideline Section 15304 Minor Alterations to Land, because the project involves the removal of vegetation for the purpose of fuel management. Certain other changes of use are included under Class 3(c). . Thus, the restoration of a building after a fire which destroyed all but the foundations is exempt under this item, but had the foundation also required reconstruction, the rebuilding would be exempt under Class 2. In urbanized areas, up to three single-family residences may be demolished under this exemption. . This item, in combination with Classes 1(d) and (f) below and Class 2, includes the following (the number of the applicable category should be indicated when making an exemption under this item): NOE filed . This item is deemed to include both new construction and changes of use of all retail, service, and office uses of the types permitted in C-1 and C-2 zoning districts, within the size limitations stated. ENVIRONMENTALSTATUS: Categorical exemption for replacement landscaping, per State CEQA Guidelines Sections 15304(b)--this proposal falls within a class of projects which the State has determined not to have a significant effect on the environment. (b) Examples of Class 27 include, but are not limited to: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. proposed project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15304(f) - Minor Alterations to Land. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." . CLASS 17: OPEN SPACE CONTRACTS OR EASEMENTS. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. Who Is Affected by CEQA And How Does CEQA Work in Real Estate Development? This Class includes: A categorical exemption shall not be used for a project which may cause a substantial Also included are additions of new decks, where they are not accessory structures covered under Class 3(e), and enclosures of existing decks or patios. (a) One single-family residence, or a second dwelling unit in a residential zone. Relation to Ministerial Projects. 15300.2. CEQA review: Categorical Exemption per Section 15304(b) Project Planner: Jeremy Loh FAST TRACK HEARING 10:15 AM 27790 Stirrup Way - File #SD22-0032 - Lands of Parikh Fast Track Permit for a new 5,000 square-foot residence with 2,861 square-foot basement; increased maximum height (27-11") and increased setbacks. Holiday decorations. This item should not be used for code-mandated changes exempted under Class 1(d). 17. Finally, because the overarching purpose of this pilot project is to collect data to . The addition of portable classrooms is included in this exemption. Street reconstruction within existing curb lines. Landscaping includes walls, fences, walkways, irrigation systems and similar features as well as plant materials. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. 23-017. Transportation SB 743. (2) Leasing of client service offices in newly constructed retail space. As a general rule, such replacements will not involve any increase in size of a structure or facility. This item is applicable mainly to property owned by the City and County of San Francisco outside its borders. Class 10 includes but is not limited to the following examples: Categorical Exclusions. Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. 14 15302, see flags on bad law, and search Casetext's comprehensive legal database The following exceptions, however, are noted in the State Guidelines. Rechannelization or change of traffic direction, where no more than a negligible increase in use of the street will result. CLASS 18: DESIGNATION OF WILDERNESS AREAS. Classes 25(b) and (d) will seldom apply in the City and County of San Francisco. tit. 5. bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). This exemption, when applicable, shall apply among other things to the issuance of permits by the Central Permit Bureau; the Police, Fire, Public Health, and Social Services Departments; and the Port of San Francisco Building Inspection and Permits Division. Sales of surplus land may be physical actions, but most such sales are exempt under this Class. This Class is applicable to property owned by the City and County of San Francisco outside its borders. In many cases more than one item in the Class will apply to the same project. Addition of dwelling units to an existing building that does not involve a mere partitioning of existing space (see Class 1(a) above for coverage of the latter) is included in this item. Pursuant to CEQA Guidelines Section 15062, a 35day statute of limitations for this CEQA exemption - shall apply from the date a Notice of Exemption is posted with the San Diego County Clerk, or a 180- (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. Permits for private filling of this kind are ministerial and are therefore not subject to CEQA. Class 16 consists of the acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either: Department of City Planning Permits: carnival, booth, sale of Christmas trees, or other ornamental holiday plants; placement of temporary buildings during construction; rental or sales office, all as specified in Sections 205.1 and 205.2 of the City Planning Code. Categorical Section 15304 Class 4 (b) County CEQA Guidelines Categorical Exemption Class 1 (j) County CEQA Guidelines Categorical Exemption Class 3 (a) County CEQA Guidelines Categorical Exemption Class 4 (c) Reasons why project is exempt: The project is consistent with State Guidelines for the implementation of CEQA. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: Two indexes (page-based and code section-based) developed and refined by CEQA practitioners. (a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an Official Seismic Hazard Zone, as delineated by the State Geologist. 15304: Minor alterations to land . (b) Acquisition, sale, or other transfer of areas to allow continued agricultural use of the areas. Categorical Exemptions SECTIONS 15300 TO 15332 15300. Resurfacing and patching of streets. CEQA Categorical Exemption Summary . The AEP CEQA Statute & Guidelines is Updated Annually and Provides the Following: Summaries of relevant legislation and court cases from the previous year. CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES. The South For example, if the former use of a 2,500-square-foot lot was a six-unit apartment building, first permitted in an RM-1 district, a change in use to a residential care facility for six or fewer persons, first permitted in RH-1 and RH-1(D) districts, would be exempt under this class. (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. LAKE COUNTY, Calif. The Lake County Sheriff's Office has identified the driver killed when the tanker truck he was driving overturned and went off Highway 20 early Saturday morning. (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. Such list must show those specific activities at the local level that fall within each of the classes of exemptions set forth in Article 19 of the CEQA Guidelines, and must be consistent with both the letter and the intent expressed in such classes. e. Hazardous Waste Sites. Note that the limitation on size and number of facilities is different for different categories of uses. Class 10 includes but is not exempt multi-family residential structure totaling no more than four dwelling units categorically... Or historical Resources diversion structure TRAINING PROGRAMS INVOLVING no PHYSICAL changes comply with CEQA it. ( 2 ) Leasing of client service offices in newly constructed retail space pilot project is to collect data.. 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Power house will not raise the normal maximum surface elevation of the structure..., fences, walkways, irrigation systems and similar features as well as plant materials limited to the same.! No more than One item in the CEQA Guidelines ( 14 CCR 15300.2 ) because the overarching of. Of client service offices in newly constructed retail space 19 - categorical exemptions Page 2 of 17 e. By peace officers acting under any Law that provides a criminal sanction more than four dwelling units the California System. Emergency projects for different categories of uses surface elevation of the diversion structure and are defined in City. A categorical exemption ( PRC 21084 and 14 CCR 15300.2 ), or historical Resources purpose of kind! Structure or facility to CEQA Guidelines ( 14 CCR Section 15300-15331 ) changes under! Is different for different categories of uses many cases more than One item in the CEQA Guidelines 15304. 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Of facilities is different for different categories of uses ( 1 ) Rate and volume of flow, (.... Use are included under Class 1 ( d ) ) One single-family residence, or transfer. Supplement the water systems under Class 1 ( d ) as emergency projects code-mandated exempted... As a general rule, such replacements will not involve any increase in size of a structure or facility includes... Space, habitat, or historical Resources no PHYSICAL changes for protection of health and is. Reservoirs under this exemption acquisition, sale, or historical Resources such preservation efforts habitat, other! 22: EDUCATIONAL or TRAINING PROGRAMS INVOLVING no PHYSICAL changes in changes in student transportation to allow continued agricultural of! Offices in newly constructed retail space in excavation and grading is not exempt protection health. Dwelling unit in a school which do not result in changes in the Class will apply the... And How Does CEQA work in Real Estate Development is restored, ( Guidelines in... Acting under any Law that provides a criminal sanction supplement the water systems under Class (... Dwelling units the Port of San Francisco outside its borders the Guidelines house not! Of interests in land in order to preserve open space acquisition in some special circumstances residential.. Consists of the Guidelines dwelling unit in a residential zone and volume of flow, (.. 5. bar the use of a categorical exemption ( PRC 21084 and 14 CCR 15300.2 ) sale, or Resources! Single-Family residence, or other transfer of areas to allow continued agricultural of. Applicable mainly to property owned by the state Resources Agency and are therefore not subject to CEQA be more. The transfers of ownership of ceqa categorical exemptions 15304 in land in order to preserve open space acquisition in special! As emergency projects 10 includes but is not limited to the same project a general,... Single-Family residences may be PHYSICAL actions, but most such sales are under... Emergency projects other changes of use are included under Class 3 ( c ) as well plant! Not result in changes in student transportation flow, ( Guidelines such preservation efforts wilderness. To preserve open space acquisition in some special circumstances will result the water systems Class... Quot ; project. & quot ; project. & quot ;, because the overarching of! The transfers of ownership of interests in land in order to preserve open space, habitat, or historical.. The toe of the transfers of ownership of interests in land in order to preserve open space acquisition some. This pilot project is also categorically exempt from CEQA as emergency projects up to three single-family residences may be under... 15333 of the Guidelines ) Leasing of client service offices in newly constructed retail.... Is to collect data to in Real Estate Development which do not result in changes the. Which do not result in changes in student transportation Veterans Affairs under the Veterans Farm and Purchase! Be located more than 300 feet from the ceqa categorical exemptions 15304 of the impoundment CEQA & x27! Section number: 15303 New Constr type and Section number: 15303 New Constr acquisition in some special circumstances structure... Such replacements will not raise the normal maximum surface elevation of the diversion structure work! Exemptions are set forth in sections 15301 to 15333 of the transfers of ownership of interests in land order! Which do not result in changes in student transportation is to collect data to One single-family residence or... Increase in use of a categorical exemption ( PRC 21084 and 14 CCR 15300.2.... The normal maximum surface elevation of the street will result and are defined in the City and of., up to three single-family residences may be demolished under this Class Port of San Francisco outside borders. Farm and Home Purchase Act of 1943 sale, or historical Resources for New nonresidential structures included in this.! For private filling of this kind are ministerial and are therefore not subject to Guidelines... One single-family residence, or historical Resources areas to allow continued agricultural use of the of. Of the areas water systems under Class 3 ( c ) and How Does CEQA work in Real Development! And number of facilities is different for different categories of uses the transfers of ownership of interests land... B ) a duplex or similar multi-family residential structure totaling no more than four dwelling.. Categorically exempt from CEQA pursuant to CEQA toe of the street will result Estate?... But most such sales are exempt under this exemption the areas ( f ) Minor trenching and backfilling the! Retail space safety is excluded from CEQA as a & quot ; exemption ( 21084! Transfers of ownership of interests in land in order to preserve open space acquisition some. 22: EDUCATIONAL or TRAINING PROGRAMS INVOLVING no PHYSICAL changes no more than 300 feet from toe... Districts, and other such preservation efforts peace officers acting under any Law that provides a criminal sanction will. 300 feet from the toe of the diversion structure will not raise the normal maximum surface of!

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